Land Transport act 1998 And Related Cases Flashcards
Under Section
Under Section 113 of the LTA 1998 what powers to police have in relation to any person and/or vehicle on a road?
Provide police with;
Full name
Full address
DOB
Occupation
Ph number
Or other particulars required for persons identity
And give information within that persons knowledge that may lead to the ID of a driver or person in charge of vehicle
Allow police to Inspect test and examine
- brakes or any other part of a vehicle on a road or associated equipment
- land transport document, or document resembling a land transport document displayed or carried on the vehicle.
Enter or authorise a person to enter vehicle for purpose of moving it in interests of road safety or public inconvenience and move it to place where it is not a traffic hazard.
Direct a person to move the vehicle
Forbid an unlicensed driver to drive
Forbid a person operating a transport service without a licence to operate that service
Direct a person using a vehicle or animal to stop or to proceed in or keep to a particular line of traffic or direction.
Direct a pedestrian not to proceed across a road in contravention of a direction to stop
What powers to police have in relation to section 114 of LTA? (Power to demand details/stop vehicle for that purpose)
Power to require driver to stop vehicle (for as long as reasonably necessary for officer to complete the exercise…. But not longer than 15 mins if only stopping for 114 reasons).
Remain stopped
Demand full name, full address, date of birth, occupation, and telephone number, whether they are the owner of the vehicle, and if not owners name and address and particulars within drivers knowledge to lead to owners ID.
Can arrest if driver fails to comply or gives false details.
Under Section 119 of LTA 1998 what powers do police have? (Power entry to place)
Power to enter by force premises the person has entered if the following has occurred
- good cause to suspect that has contravened 114 LTA and committed offences reckless /dangerous driving, drink/drug driving, and is freshly pursuing.
And can only arrest for 68(3) 69(6) and 120 (alcohol/drug offences or assaults police)
Under section 120 of LTA 1998, what powers do police have in relation to the arrest of persons for alcohol drug and assaults police?
Arrest persons who have
committed an offence against section 58-62
assaulted police
Does not complete compulsory impairment test
Any person assisting an officer may arrest the person if they assault the officer and then deliver the arrest asap to a constable.
What powers do police have under section 121 of LTA 1998? (in relation to persons being incapable/ having proper control of vehicle, doesn’t complete impairment tests, etc
If police believe on reasonable grounds that
- a person in charge of motor vehicle is incapable of having proper control due to physical or mental condition OR does not complete/fails/refuses an impairment test
- requirements of any enactment concerning work time or rest time not complied with
- in all the circumstances it’s necessary in public interest or interest of that person
Police can
- forbid to drive for a time police specify (12 hours unless good reason)
-Direct person to drive to specified place to obtain rest or where the load or other conditions make it appropriate to drive to that place.
- take possession of ignition or other keys and require person to deliver up all keys etc.
- take steps to immobilise vehicle or remove to negate traffic hazard.
- can arrest if person fails to comply or attempts to do any forbidden act under this section
What powers do police have under section 121A in relation to a person in charge of a vehicle has breached any condition of class 1 or 6 learner licence or restricted licence?
Forbid to drive until thy comply with conditions
Direct to drive to specified place
Take all ignitions and keys or direct to deliver them all up
Take any steps to immobilise vehicle or move vehicle to place where no longer a traffic hazard.
Can arrest if fail to comply with above directions
Also have the power to take possession or imobilise or move vehicle until driver has rectified the breach or another driver can drive legally.
Summarise Tapara V Police - stopping vehicles section 114 LTA 1998
Police Cannot rely on the power to stop a vehicle under section 114 LTA 1998 just to speak to someone - in this case police wanted to stop the vehicle to speak to the passenger and for no reason relating to enforcing the law etc. 114 is to get driver details or complete an excercise under that section.
Summarise R v T (Thomas) in relation to stopping vehicles under 114 LTA 1998
Police saw vehicle fail to indicate and go through red light, waited another 3.8 km before stopping after doing QVR and noting he was druggie. Stopped it smelled cannabis and then searched under MODA.
It is not lawful to stop a vehicle under 114 LTA 1998 for purpose unrelated to traffic enforcement. Every vehicle stop must be legally justified.
Summarise Johnston v police - stopping vehicles under Section 114 LTA 1998.
Officers not in uniform, not in marked car, did not use lights and siren to stop vehicle under 114, road worthiness check. Saw toolbox that looked stolen so Arrested on suspicion for theft and Searched vehicle. Breach of procedural requirements relating to the stopping of the vehicle. - no I’d etc - caused the theft convictions to be quashed.
Summarise police V Duff relating to 114 of LTA 1998 and making enquires on the roadside.
Vehicle stopped for speeding, officer told him to remain stopped while did a QP check, driver failed to remain stopped and then failed to stop in pursuit.
District Court decided the that officers request to remain stopped was outside the parameters of 114.
Police appealed
High court disagreed saying 114 permits the officer to ‘complete the exercise of any powers conferred or duties imposed” which in this case included checking he wasn’t disqualified or wanted etc.
Summarise Page v Police - in relation to section 119 LTA 1998, failure to identify (119 power of entry)
Drunk driver freshly pursued onto driver property, EBA procedures carried out and charged. Page appealed because police did not ID themselves or state reason on his property. Page got off charge. They did perform their inescapable duty.
What powers do police have in relation to section 35 of the policing Act 2008 in relation to closing roads?
A constable may temporarily close a road, part of a road if they have reasonable cause to believe ;
-Public disorder exists or is imminent at or near that place
- danger to member of public exists or is reasonably expected
An offence punishable by 10 years or more has been committed or discovered at/near that place
In relation to section 35 of the policing act 2008 road has the following meanings;
A motorway within meaning of section 2 of transit no act 1989
A private road within the meaning of section 315 (1) of local government act 1974
A private way within the meaning of section 315 (1) of local government act 1974
